My father is transferring my Mother's name to my step mother's
2 years ago
My mother died in 2013 and my father did the second marriage with a very unmannered women without my consent(I was 21+ at that time). now he has transferred my dead mother's name to this lady. My mother was a very good person she was like goddess and emotionally I fell broken for this act of my father. what should I do legal to revert all the document's in which I see my mother name who is already in heaven.
I know that he has produced all the fake document from government school to do that.
As per the facts mentioned, your father doesn't need anybody's permission for a second marriage.
According to sections 15 and 16 of the Hindu Succession Act 1956, you can claim your deceased mother's property.
A.Dear Sir,
You cannot do anything as your father did not require your consent for second marriage. However, you can claim property of your deceased mother on the basis of following provision of law.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father.
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